Public Act 93-0371

HB3504 Enrolled                      LRB093 04201 RLC 04245 b

    AN ACT in relation to criminal law.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Code  of  Criminal Procedure of 1963 is
amended by changing Section 110-7 as follows:

    (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
    Sec. 110-7.  Deposit of Bail Security.
    (a)  The person for whom bail has been set shall  execute
the  bail bond and deposit with the clerk of the court before
which the proceeding is pending a sum of money equal  to  10%
of  the bail, but in no event shall such deposit be less than
$25.  The clerk of the court shall provide a  space  on  each
form for a person other than the accused who has provided the
money  for  the  posting  of  bail to so indicate and a space
signed  by  an  accused  who  has  executed  the  bail   bond
indicating  whether  a  person  other  than  the  accused has
provided the money for the posting of bail.  The  form  shall
also include a written notice to such person who has provided
the  defendant  with  the  money  for  the  posting  of  bail
indicating that the bail may be used to pay costs, attorney's
fees, fines, or other purposes authorized by the court and if
the defendant fails to comply with the conditions of the bail
bond, the court shall enter an order declaring the bail to be
forfeited.   The  written notice must be: (1) distinguishable
from the surrounding text; (2) in bold type  or  underscored;
and  (3)  in  a  type  size at least 2 points larger than the
surrounding type.  When a person for whom bail has  been  set
is  charged  with  an  offense under the "Illinois Controlled
Substances Act" which is a Class  X  felony,  the  court  may
require  the  defendant to deposit a sum equal to 100% of the
bail. Where any person is  charged  with  a  forcible  felony
while  free  on  bail and is the subject of proceedings under
Section  109-3  of  this  Code  the  judge   conducting   the
preliminary  examination  may also conduct a hearing upon the
application of  the  State  pursuant  to  the  provisions  of
Section 110-6 of this Code to increase or revoke the bail for
that person's prior alleged offense.
    (b)  Upon depositing this sum and any bond fee authorized
by  law, the person shall be released from custody subject to
the conditions of the bail bond.
    (c)  Once bail has been given and a charge is pending  or
is thereafter filed in or transferred to a court of competent
jurisdiction  the  latter  court  shall continue the original
bail in that court subject to the provisions of Section 110-6
of this Code.
    (d)  After  conviction  the  court  may  order  that  the
original bail stand as bail pending appeal or deny,  increase
or reduce bail subject to the provisions of Section 110-6.2.
    (e)  After  the  entry  of  an  order  by the trial court
allowing or denying bail  pending  appeal  either  party  may
apply  to  the  reviewing  court  having jurisdiction or to a
justice thereof sitting in vacation for an  order  increasing
or  decreasing the amount of bail or allowing or denying bail
pending appeal subject to the provisions of Section 110-6.2.
    (f)  When the conditions  of  the  bail  bond  have  been
performed  and  the  accused  has  been  discharged  from all
obligations in the cause the clerk of the court shall  return
to   the  accused  or  to  the  defendant's  designee  by  an
assignment executed at the time the bail amount is deposited,
unless the court orders otherwise, 90% of the sum  which  had
been deposited and shall retain as bail bond costs 10% of the
amount  deposited.   However,  in  no  event shall the amount
retained by the clerk as bail bond costs  be  less  than  $5.
Bail  bond  deposited  by  or on behalf of a defendant in one
case may be used,  in  the  court's  discretion,  to  satisfy
financial  obligations  of  that same defendant incurred in a
different case due to a fine,  court  costs,  restitution  or
fees  of the defendant's attorney of record.  The court shall
not order bail bond deposited by or on behalf of a  defendant
in  one  case  to be used to satisfy financial obligations of
that same defendant in a different case until the  bail  bond
is  first  used to satisfy court costs and attorney's fees in
the case in which the bail bond has been  deposited  and  any
other unpaid child support obligations are satisfied.
    At  the request of the defendant the court may order such
90% of  defendant's  bail  deposit,  or  whatever  amount  is
repayable  to  defendant  from  such  deposit,  to be paid to
defendant's attorney of record.
    (g)  If the accused does not comply with  the  conditions
of the bail bond the court having jurisdiction shall enter an
order  declaring  the  bail  to be forfeited.  Notice of such
order of forfeiture shall be mailed forthwith to the  accused
at  his  last  known address.  If the accused does not appear
and surrender to the court having jurisdiction within 30 days
from the date of the forfeiture or within such period satisfy
the court that appearance and surrender  by  the  accused  is
impossible  and  without  his  fault  the  court  shall enter
judgment for the State if the charge for which the  bond  was
given  was  a  felony  or  misdemeanor,  or if the charge was
quasi-criminal  or  traffic,  judgment  for   the   political
subdivision  of  the State which prosecuted the case, against
the accused for the amount of the bail and costs of the court
proceedings; however, in counties with a population  of  less
than  3,000,000, instead of the court entering a judgment for
the full amount of the bond the court may, in its discretion,
enter judgment for the cash deposit on the bond, less  costs,
retain the deposit for further disposition or, if a cash bond
was  posted  for  failure  to  appear  in  a matter involving
enforcement of child support or maintenance,  the  amount  of
the  cash deposit on the bond, less outstanding costs, may be
awarded to the person or entity to whom the child support  or
maintenance  is  due.   The  deposit  made in accordance with
paragraph (a) shall be applied to the payment of  costs.   If
judgment  is  entered  and any amount of such deposit remains
after the payment of costs it shall be applied to payment  of
the judgment and transferred to the treasury of the municipal
corporation  wherein  the bond was taken if the offense was a
violation of any penal ordinance of a  political  subdivision
of  this  State, or to the treasury of the county wherein the
bond was taken if the offense was a violation  of  any  penal
statute  of  this  State.  The balance of the judgment may be
enforced and collected in  the  same  manner  as  a  judgment
entered in a civil action.
    (h)  After  a  judgment  for  a  fine  and court costs or
either is entered in the prosecution of a cause  in  which  a
deposit  had  been  made in accordance with paragraph (a) the
balance of such deposit, after deduction of bail bond  costs,
shall be applied to the payment of the judgment.
(Source: P.A. 91-94, eff. 1-1-00; 91-183, eff. 1-1-00; 92-16,
eff. 6-28-01.)